ODI refers to overseas direct investment, that is, domestic enterprises and groups directly invest abroad through establishment, merger and acquisition, and equity participation. With the approval of relevant departments, the core purpose is to control the management rights of overseas enterprises.
According to the relevant laws and regulations, overseas direct investment or M&A transactions of domestic non-state-owned enterprises need to be approved by the commerce department for overseas investment, approved or filed by the National Development and Reform Commission for overseas investment projects, and registered with banks for foreign exchange.
If domestic investors want to register companies overseas and directly invest overseas, the first thing they need to do is to file ODI for overseas investment. If he doesn't propose overseas investment, he can't carry out any investment projects overseas.
Under what circumstances do ODI overseas investments need to be filed?
1. Establish overseas subsidiaries to conduct business and inject capital.
2. Overseas listing (VIE framework construction)
3. Individual/enterprise tax planning
4. Business development in cross-border electronic commerce
5. Overseas investment, etc.
As long as you register a company overseas, you need to apply for overseas investment filing first, otherwise it is not compliant. The bank will not allow your company's funds to enter or leave the country. In this way, it is impossible for you to transfer the investment funds in the early stage, and it is impossible for overseas companies to return profits in the later stage. And what needs to be remembered is that you must apply for overseas investment filing before you can register a company overseas. It is against the rules to register a company overseas first.
Special attention: different regions need different conditions and materials, so detailed communication is needed to understand what materials need to be prepared.